Commissioners incorporated.

President to be annually elected.

To take

oath and give bond.

Compensation.

Green river, to the Mississippi river, at or above Rock Island, with a navigable feeder to Rock river, at Dixon and Sterling, and to secure the improvement of the navigation of the Illinois, Rock and other rivers, the governor is hereby authorized and empowered, and shall, by and with the consent of the senate, appoint seven discreet and skillful persons, who shall be known as the canal commissioners, who shall continue in office for the term of six years, with the exception of four of the number first appointed, two of whom shall serve for two years, and the other two for four years, and all of them until their successors are appointed and qualified. Any vacancy, by death, resignation or removal from the state, may be filled by the governor and confirmed by the senate at its next session.

§ 2. The canal commissioners, so appointed, are hereby constituted a body politic and corporate, with full power and authority, in their corporate name, to contract and be contracted with, sue and be sued, defend and be defended, plead and be impleaded in all matters and things relating to them as such commissioners; and they shall have a common seal, of such device as they may adopt.

§ 3. The canal commissioners, so appointed, shall annually elect one of their number to be president thereof, and shall also have power to appoint a secretary, who shall not be a member of the board, whose duty it shall be to keep a record of all their proceedings. They shall hold quarterly meetings, and special meetings whenever any four of them may desire it; and four members shall constitute a quorum to do any business. The certificate of the secretary, under seal, shall be evidence of the matters and things therein stated.

84. Before entering upon the duties of their office, each of said commissioners shall make oath or affirmation faithfully, honestly and truly to execute and discharge all the duties and obligations herein imposed upon them or either of them as commissioners; and they shall severally give bonds, payable to the governor of the state of Illinois, and his successor in office, for the use of the people of the state, in the sum of twenty-five thousand dollars, with good and sufficient security, for the faithful discharge of the duties imposed upon them by this act: Provided, that the governor may require additional security of the said commissioners whenever he may think it necessary or advisable.

§ 5. Each of said canal commissioners shall receive five dollars per day for each day actually employed in the duties of their office, (which amount may be changed at any session of the legislature,) payable quarterly; and shall be subject to removal for official misfeasance or malfeasance, by the governor, whenever, in his opinion, charges of either character, shall be made and sustained.

tracts prohib

§ 6. No member of said canal commissioners shall be Interest in conconcerned or interested, either directly or indirectly, in any ited. contract concerning such improvements, either in their construction or for materials, supplies or privileges growing out of the same in any manner; nor shall the superintendent or any of the engineers, draughtsmen, clerks, secretary or employees of said canal commissioners be so interested or concerned.

canal.

7. Said canal commissioners are hereby authorized May change and empowered to make such changes in the location of the present canal or adopting a river improvement instead of the canal, between Chicago and LaSalle, as may be deemed expedient, and to make the necessary preliminary surveys for the adoption of plans, and when the general plans are adopted by said commissioners, to locate such locks, dams, weirs, etc., as may be specified in said general plans for the river improvements, and to locate the canals with the branches or feeders and dams, with full power to feed said canals with water from the Rock river, Green river, Winnebago swamp, or such other sources as may be deemed necessary or advisable; such surveys and estimates to be paid for out of any moneys in the treasury not otherwise appropriated.

8. The said canal commissioners shall take efficient and May appoint general superproper measures for the commencement and completion of intendent. the improvements named in this act, and shall put such parts of them as they may deem proper under contract, as herein provided, and shall have the management, care and superintendence thereof, and may appoint a general superintendent, and employ such and so many engineers, draughtsmen and other persons, as they may deem necessary to enable them to discharge their duties; and may pay such compensation as they shall deem reasonable to each person so employed: Provided, that no contract, except as hereinafter provided, shall be let until the necessary surveys are made and the plans adopted, nor until the necessary funds are provided. And the work may be divided or let in sections, as may be decided by said canal commissioners. And the work on all contracts may be suspended, whenever the state of the finances shall require it; which right to suspend shall be inserted in all contracts. $ 9. No contract for any work exceeding three hundred Contracts to be dollars in cost shall be let until the same shall have been advertised in some daily paper published in the city of Chicago and in the city of Springfield, at least four weeks, and at least eight weeks prior to the time named for letting such contract; and all bidding shall be by sealed bids; and those of the lowest responsible bidder shall be taken. The canal commissioners shall require all parties taking contracts to furnish satisfactory bonds for the completion of the work

advertised.

May dam.

construct

Old bonds may be refunded.

may take pos

nal.

undertaken by them, and shall name the amount to be inserted in such bond at the time the contracts are awarded. § 10. The said commissioners may commence the construction of a dam, with a lock, on the Illinois river, between LaSalle and Peoria, and may make the necessary surveys therefor, the cost of which shall be paid out of any funds now in the treasury, or which may hereafter be paid into the same, not otherwise appropriated-said lock to be not less than three hundred and fifty feet long and seventyfive feet wide.

11. The outstanding bonds of the state, which are now a lien upon the franchises and revenues of the Illinois and Michigan Canal, may be refunded or replaced by new bonds of a similar character as to mode and place of payment as the old ones, by the governor: Provided, that the consent of the bondholders can be had to such exchange or refunding; and such as consent may make the exchange for new bonds: Provided, that such new bonds. shall not bear interest to exceed six per cent. per annum, nor be renewed for a longer period of time than twenty years.

Commissioners § 12. If the owners or holders of such bonds shall session of ca- assent to such refunding of the canal bonds, or a majority of the holders thereof shall make such exchange, then it shall be lawful for said board to take possession of the Illinois and Michigan Canal, for and on behalf of the state, and manage the same as has been heretofore managed by the canal trustees, so far as the same may be practicable, in its enlargement into a ship or steamboat canal, and the changes of plans which may be adopted.

Cemmissioners

ers.

§ 13. Whenever the state shall take possession of the have full pow- Illinois and Michigan Canal, all of the powers and duties of the trustees thereof, relative to canal lands and issuing or granting deeds therefor, shall devolve upon the canal commissioners hereby created, except that all moneys due or to be paid on any sales, contracts, certificates or other evidence of indebtedness, shall be paid to the state treasurer; and all of the duties of said trustees, relative to the management, tolls, contracts, repairs, etc., shall devolve upon the said canal commissioners, and be by them discharged, as fully as the said trustees were authorized by any law to discharge the same; and they shall have like power and authority, in the management of all new improvements, or parts thereof, which shall be by them constructed, enlarged or improved.

to pay into the

Commissioners 14. Whenever the canal commissioners, on behalf of state treasury. the state, shall take possession of the Illinois and Michigan Canal, the revenues derived therefrom, after paying the repairs and necessary incidental expenses, together with the unexpended proceeds of the sales of canal lands, shall be

paid into the state treasury, and shall be and are hereby appropriated to the construction of the works named in this

act.

15. The board of canal commissioners shall decide all Plans, etc. questions as to the location and plans, generally, of such improvements, and the amount to be expended on any particular improvement in a given time.

lands.

tractors.

§ 16. Whenever it shall be necessary to take possession May condemn of or flow any land or lands or construct dams, locks or other improvements, the said commissioners shall proceed to and shall condemn the same, in accordance with the provisions of the act to condemn the right of way for purposes of internal improvements, approved June 22, 1852. § 17. In case of the death of any contractor, who shall, Death of conat the time of his decease, be indebted to any persons for work done or materials furnished for any of the improvements herein mentioned, it shall be lawful for and said canal commissioners may pay such persons out of any money that may be due or owing to said deceased contractor from said commissioners, and shall be a good and sufficient offset in the settlement of the estate of said contractor; and in case any contractor shall fail or abscond, the persons so doing work or furnishing material shall have a valid and first lien upon all moneys in the hands or under the control of said commissioners, which may be due or owing to such contractor or contractors; and the commissioners shall have the right to pay such person or persons as in the case of deceased contractors: Provided, that, in either case, the parties claiming the benefits of this section shall in all cases furnish the commissioners satisfactory evidence of genuineness or bona fides of such claim.

memorialized.

§ 18. There shall be appointed by the governor two Congress to be persons, who, together with the governor, shall constitute a committee to present a memorial to the congress of the United States, and urge the necessity of an immediate and liberal appropriation in aid of these improvements; such commission to use its best endeavors to secure an appropriation of at least seven millions of dollars in aid of the improvements herein named; and, in furtherance of the objects of this section, the governor is hereby authorized to draw his warrant or warrants upon the treasury to an amount not exceeding ten thousand dollars; and the treasurer is hereby authorized to pay the same out of any moneys not otherwise appropriated.

In case of congressional ap

19. In case the United States shall appropriate a sum of money equal to one-half the estimated cost of said im- propriation. provements, or either of them, then said canal commissioners may proceed with the work upon said improvements, in such order and to such extent as in their good judgment the

A tax of one

ied.

condition of the finances and the best interests of the state of Illinois will warrant.

$ 20. For the purpose of carrying on and completing mill to be lev- the improvements herein mentioned, and of raising the necessary funds therefor, an annual tax of one mill on the dollar of all taxable real and personal property in the state, be and the same is hereby authorized to be levied, and shall be annually levied, until said improvements are completed. And the first of said improvements, to be begun and completed, under the provisions of this act, shall be the improvement of the Illinois river, from La Salle to the mouth of said river: Provided, that if the government of the United States shall appropriate towards the enlargement of the Illinois and Michigan Canal one-half of the estimated cost thereof, then said commissioners may proceed with said enlargement, in accordance with such appropriation; and the proceeds of such tax are hereby appropriated for the purposes of this act, and shall not be used for any other purposes: Provided, that the levy of such tax shall be postponed until after an appropriation, as provided in the preceding section in aid of the construction of such improvements as are herein mentioned, is made by the United States: Provided, further, that such commissioners, prior to the making of any appropriation by the United States, shall have no authority to expend any money in the carrying out of any of the improvements specified in this act, (other than the making of the preliminary surveys mentioned in the seventh section, and the construction of the dam and lock mentioned in the tenth section of this act,) except out of such funds as shall remain after the cost of such dam, lock and survey shall have been deducted from the net. revenues and receipts of said canal and canal lands, and also, except subscriptions made by towns, cities and counties, as hereinafter provided.

Auditor to be furnished with estimates.

Commissioners to hold money.

§ 21. Said canal commissioners shall, from time to time, furnish the state auditor with estimates of the probable amount of money necessary to make the payments on the contracts for a period not exceeding one month, and the auditor shall draw his warrant on the state treasurer for the amount named in such estimates in favor of the said commissioners: Provided, that the sum so drawn shall not exceed the amount of the bond of the commissioner drawing the money.

22. The said canal commissioners shall hold the moneys so drawn from the state treasury and pay the same only upon the order of the president of the said commissioners, which order shall be accompanied with a statement of the work for which payment is to be made; and the said canal commissioners shall make monthly returns to the state auditor of all money paid out by them, together with the